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Terms and Conditions
Welcome to ratememphis.com, a Web site of Ashcart Enterprises. As used in these Terms and Conditions, the term "Web site" refers to the Web site located at www.ratememphis.com as well as online services. Ashcart Enterprises does not control, and is not responsible for, any third-party site to which the Web site links. You agree that your use of the Web site is subject to the following Terms and Conditions. These Terms and Conditions may be modified at any time and from time to time; the date of the most recent changes or revisions will appear on this page. Continued access to the Web site by you will constitute your acceptance of any changes or revisions to the Agreement. If you do not agree with the Terms and Conditions, please do not use this Web site. The materials contained on the Web site are provided by Ashcart Enterprises as a service to you for your noncommercial, personal use on an "as is, as available" basis and may be used by you for information purposes only. You acknowledge that you are using the Web site at your own risk. Ashcart Enterprises assumes no responsibility for error or omissions in these materials. Ashcart Enterprises makes no commitment to update the information contained herein. Ashcart Enterprises makes no, and expressly disclaims any and all, representations or warranties, express or implied, regarding the Web site, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Web site, or that the Web site will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by Ashcart Enterprises or any other party on the Web site shall create any warranty or liability. Ashcart Enterprises does not warrant or make any representations regarding the use or the results of the use of the materials at the Web site in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Under no circumstances shall Ashcart Enterprises or any of its parents, subsidiaries, affiliates, or their respective partners, officers, directors, employees, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the Web site. Ashcart Enterprises periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. Ashcart Enterprises shall have no liability for the resulting unavailability of the Web site or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers or the Internet infrastructure and network external to the Web site. Copyright All materials published on the Web site are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of either Ashcart Enterprises or, in the case of content licensed by Ashcart Enterprises from third parties, the entity that is credited as the copyright holder of such licensed content. In the event you believe that any content posted on the Web site infringes your copyright or other intellectual-property rights, you may notify Ashcart Enterprises by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512: Ashcart Enterprises Attn: Copyright Agent P.O. Box 17611 Memphis, TN 38187 User Generated Content Ashcart Enterprises, through its forums, provides users an opportunity to post content to the Web site. Ashcart Enterprises does not necessarily endorse, support, sanction, encourage, or agree with content posted by users. You shall not post or transmit any unlawful threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate local, state, national, or international law, or infringe upon another's copyright or trademark. You understand that all information, data, text, software, music, sound, photographs, video, messages, or other materials posted or transmitted in a Ashcart Enterprises forum, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you, and not Ashcart Enterprises, are entirely and solely responsible for all content that you upload, post, or otherwise transmit via the Web site. Ashcart Enterprises does not and cannot review the content posted by users and is not responsible for such content. However, Ashcart Enterprises shall have the right, but not the obligation, to delete, move, or edit any content that violates this agreement or is otherwise objectionable as determined by Ashcart Enterprises in its sole discretion and without notice. If you upload, post, or otherwise transmit content to the Web site, you acknowledge that any such submissions may be edited, removed, modified, published, transmitted, and displayed by Ashcart Enterprises in any medium now existing or hereinafter invented, and for any purpose, including commercial uses. You waive any moral rights you may have in having the material edited, removed, modified, published, transmitted, or displayed in a manner not agreeable to you. You agree to indemnify Ashcart Enterprises and its subsidiaries, and affiliates, and each of their respective partners, officers, directors, employees, and agents, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney's fees) that may arise from your submissions, from your unauthorized use of material obtained from the Web site, from your breach of these Terms and Conditions, and from any such acts arising through your use of the Web site. Featured Services Ashcart Enterprises is committed to providing visitors to its site with as many features as possible. The companies that Ashcart Enterprises selects as featured service providers offer products and services that site visitors may find useful. Ashcart Enterprises, in certain cases, may have a business relationship with certain third parties that he selects as a featured service provider. Ashcart Enterprises is not responsible for the accuracy or reliability of any advice or information given, or of any statement made, by the companies providing featured services, or for the content, services, products, or advertising on or available from their Web sites, or for the availability and operations of their Web sites. Jurisdiction You agree that any claim, action, or proceeding arising out of these Terms and Conditions, or your use of the Web site, shall be governed by and construed in accordance with the laws of the State of Tennessee applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Tennessee. In addition, you agree to submit to the personal jurisdiction of such courts. Privacy Policy This privacy policy applies to the Web site only and does not cover information collected on any third-party sites to which this Web site links. This privacy policy is part of, and must be read in conjunction with, the Web site's Terms and Conditions. You can read the entire Terms and Conditions byscrolling up to the top of this Web page. If you do not agree with the Terms and Conditions in their entirety, please do not use this Web site. Web Site Users Ashcart Enterprises generally collects personally identifiable information such as a name, postal address, e-mail address or telephone number information with your specific knowledge and consent. How does the Web site use information supplied by me? Occasionally, visitors to our Web site may be asked to supply certain personally identifying information, which is then retained by Ashcart Enterprises. For example, we ask you for certain information if you choose to register with us. If you choose to give us personally identifying information at such time, such information will be retained by us and used only to provide you with products or services you have requested, or with additional information from Ashcart Enterprises about Ashcart Enterprises, its affiliates, or selected outside companies whose products or services we feel may be of use to you. Any information from selected outside companies will be transmitted by Ashcart Enterprises so that such companies will not have access either to your e-mail address or to your other personally identifying information. Moreover, we will not sell or rent any personally identifying information obtained through the Web site to any other company or organization. If, at some point after giving Ashcart Enterprises your personally identifying information, you do not wish to continue to receive additional information from Ashcart Enterprises about ratememphis.com, its affiliates, or selected outside companies, in general, you may opt out by e-mailing info@ratememphis.com and put the words "remove my name" in the subject line of your e-mail. From time to time, the personally identifying information that you provide to us may be shared with our suppliers or service providers who assist us in maintaining and managing our activities on the Web site. Such suppliers or service providers may use your personally identifying information only in the course of providing services to Ashcart Enterprises, but they may not use such information for other purposes. While your individual information is protected as discussed above, Ashcart Enterprises reserves the right to use such individual information to create aggregated, anonymous data about users in order to develop statistics about activity on and visitors to the Web site. In addition, Ashcart Enterprises may disclose personal information if we in good faith believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of the Web site; or (4) protect the personal safety, property, or rights of our users or the public. What are "cookies" and how do you use them? "Cookies" are pieces of information that are placed by a Web site in a storage place on your computer. Cookies do not contain information that is, in itself, personally identifying. Ashcart Enterprises places cookies on your computer in a limited way to help deliver advertisements, to calculate unique site visitors, and to track usage throughout our site. Other uses include placement of cookies to make the login process more convenient for users. In addition, some advertisers may place cookies on your computer. We do not have control over cookies placed by advertisers. Children's Online Privacy Protection Act No one under the age of 13 should provide any personal information. In general, Ashcart Enterprises does not knowingly collect personally identifiable information from children under 13. If in limited circumstances we do knowingly collect personally identifiable information from children under the age of 13, we will do so only with verified parental consent prior to collection. In the event that we learn that we have collected information from a child under the age of 13 without verification of parental consent, we will delete this information from our database as quickly as possible. If you believe the Web site has any information about anyone under 13, please contact us at info@ratememphis.com. |
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